Woman who says she found her father on 23andMe sues after learning of wrongful death settlement

Carmen Thomas, a 26-year-old woman from Lexington, Massachusetts, filed a lawsuit against her half-sisters and their mother, alleging she was excluded from a wrongful death settlement involving their father. 

Thomas discovered her father’s identity through a DNA test with 23andMe, connecting her with her half-sisters. However, after initially bonding, half-sister Kali requested time apart, citing grief over their father’s death. Thomas later found out about a medical malpractice lawsuit related to her father’s death, which resulted in a $28 million settlement. Thomas was not included in the distribution. 

The lawsuit accuses the defendants of unjust enrichment, interference with inheritance, and breach of fiduciary duty, seeking an accounting of settlement funds and establishing a constructive trust. 

For more information see Debra Cassens Weiss “Woman who says she found her father on 23andMe sues after learning of wrongful death settlement”, ABA Journal, February 13, 2024.